On June 30, 2025, Rose Hall Apartments, through Leasing Manager Chrissy Waters, issued a threatening and intimidating notice which mischaracterized a routine water billing matter as a lease violation. This notice misapplied VRLTA §55.1-1245 by ignoring the statutory right to cure, misrepresented tenant payment history, and attempted to escalate a cured balance into grounds for eviction. The defects in this initial notice triggered subsequent improper notices, ledger manipulations, and retaliatory actions, all of which are detailed below.
| Tenant Complaint Point | Management Response | Deficiency / Failure to Address | Consequential Violation |
|---|---|---|---|
| Late payments cured within statutory window (§55.1-1245(A)) | Claimed water bill was a lease violation; referred to lease section 45 | Ignored statutory right to cure | June 30, 2025 notice threatening eviction without proper cure (§55.1-1245(A)) |
| Misrepresentation / bad faith (§55.1-1242) | Stated “haven’t misused any language” | Did not address eviction threat or escalation | Threatening eviction despite full payment (§55.1-1242; §55.1-1245) |
| Submetered water fee limits (§55.1-1212(D)) | Claimed “do not use ratio billing” | Did not address statutory cap or misapplied fees | Imposition of non-statutory late fees (§55.1-1212(D); §55.1-1213) |
| Inconsistent notices | Claimed friendly reminders escalate | Did not resolve conflicting June 18 vs June 30 notices | Issuance of inconsistent/contradictory notices (§55.1-1245; §55.1-1247) |
| Misleading tenants / consumer protection (§59.1-200(A)(14)) | Claimed actions are lawful | Failed to recognize eviction threats as misleading | Defective notices causing undue stress (§55.1-1245; §55.1-1247; §55.1-1251) |
| Longstanding payment history | Attached but interpreted as habitual non-compliance | Ignored 14-year payment record | Misstatement of prior compliance (§55.1-1247; §55.1-1221) |
| Elderly community impact | Not addressed | No acknowledgment or mitigation of risk | Failure to consider community impact (§55.1-1204) |
| Auto-conversion to 30-day notice (§55.1-1245(A)) | Referenced prior notice of like nature clause | Did not correct misleading auto-escalation language | Improper conversion of partial payment into breach (§55.1-1245; §55.1-1247) |
Rose Hall Apartments – 06302025 NOTICE
Address: 3301 Eamon Court Virginia Beach, VA 23452
Office: 877-883-0787 | Fax: 757-498-7004 | Website: www.rentwithrosehall.com
Date: June 30, 2025
To: Thomas Coates / Taylor Coates, 3416 Warren Pl., Apt 201, Virginia Beach, VA 23452
It has been brought to the attention of the rental office that your water bill is again 30+ days past due. This is a violation of your signed lease with Rose Hall Apartments, paragraph 45 "Submetering Water and Wastewater". The full amount of your water bill will be added to your ledger as of July 1, 2025. You will have an additional balance of $149.90 due with your rent.
In accordance with section 55-248.31 of the VRLTA: The above referenced lease violation is to be remedied immediately. Should another lease violation occur within 21-days; this notice will convert to a 30-day notice to vacate from the date this notice was issued. Subsequently, should a like lease violation occur during your residency this notice will be referenced and a 30-day notice to vacate will be issued.
Respectfully,
Chrissy Waters
Leasing Manager
Rose Hall Apartments
Cc: Resident File
On July 1, 2025, three formal complaints were submitted to Rose Hall Apartments.
Core issues: mischaracterization of a water billing issue as a lease violation, issuance of inconsistent notices, and misleading “escalation” language.
Statutory bases included:
Tenants emphasized:
| Tenant Complaint Point | Management Response | Deficiency / Failure to Address | Consequential Violation |
|---|---|---|---|
| Late payments cured within statutory window (§55.1-1245(A)) | Claimed water bill was a lease violation; referred to lease section 45 | Ignored statutory right to cure | June 30, 2025 notice threatening eviction without proper cure (§55.1-1245(A)) |
| Misrepresentation / bad faith (§55.1-1242) | Stated “haven’t misused any language” | Did not address eviction threat or escalation | Threatening eviction despite full payment (§55.1-1242; §55.1-1245) |
| Submetered water fee limits (§55.1-1212(D)) | Claimed “do not use ratio billing” | Did not address statutory cap or misapplied fees | Imposition of non-statutory late fees (§55.1-1212(D); §55.1-1213) |
| Inconsistent notices | Claimed friendly reminders escalate | Did not resolve conflicting June 18 vs June 30 notices | Issuance of inconsistent/contradictory notices (§55.1-1245; §55.1-1247) |
| Misleading tenants / consumer protection (§59.1-200(A)(14)) | Claimed actions are lawful | Failed to recognize eviction threats as misleading | Defective notices causing undue stress (§55.1-1245; §55.1-1247; §55.1-1251) |
| Longstanding payment history | Attached but interpreted as habitual non-compliance | Ignored 14-year payment record | Misstatement of prior compliance (§55.1-1247; §55.1-1221) |
| Elderly community impact | Not addressed | No acknowledgment or mitigation of risk | Failure to consider community impact (§55.1-1204) |
| Auto-conversion to 30-day notice (§55.1-1245(A)) | Referenced prior “like nature” clause | Did not correct misleading auto-escalation language | Improper conversion of partial payment into breach (§55.1-1245; §55.1-1247) |
Address: 3301 Eamon Court, Virginia Beach, VA 23452
Office: 877-883-0787 | Fax: 757-498-7004 | Website: www.rentwithrosehall.com
Date: June 30, 2025
To: Thomas Coates / Taylor Coates
3416 Warren Pl., Apt 201, Virginia Beach, VA 23452
It has been brought to the attention of the rental office that your water bill is again 30+ days past due. This is a violation of your signed lease with Rose Hall Apartments, paragraph 45 "Submetering Water and Wastewater." The full amount of your water bill will be added to your ledger as of July 1, 2025. You will have an additional balance of $149.90 due with your rent.
In accordance with section 55-248.31 of the VRLTA: The above referenced lease violation is to be remedied immediately. Should another lease violation occur within 21-days; this notice will convert to a 30-day notice to vacate from the date this notice was issued. Subsequently, should a like lease violation occur during your residency this notice will be referenced and a 30-day notice to vacate will be issued.
Respectfully,
Chrissy Waters
Leasing Manager
Rose Hall Apartments
Cc: Resident File
| Tenant Complaint Point | Management Response | Deficiency / Failure to Address | Consequential Violation |
|---|---|---|---|
| Late payments cured within statutory window (§55.1-1245(A)) | Directed NES payment overdue; added to rent | Ignored right to cure and history | Improper ledger addition threat (08132025 notice) |
| Misrepresentation / bad faith (§55.1-1242) | Called “friendly reminder” | Failed to acknowledge escalation | Mischaracterized compliance; potential retaliation |
| Submetered water fee limits (§55.1-1212(D)) | Redirected to NES | Avoided statutory cap discussion | Improper fee imposition |
| Inconsistent notices (§55.1-1245, 1247) | Referred only to NES | Did not reconcile past threats | Contradictory obligations imposed |
| Misleading tenants / consumer protection (§59.1-200(A)(14)) | Framed as “reminder” | Minimized cumulative effect | Deceptive notices, undue stress |
| Longstanding payment history (§55.1-1247, 1221) | Not acknowledged | Erased 14-year record | Misrepresentation of compliance |
To: Thomas Coates, Taylor Coates
Address: 3416 Warren Place #201, Virginia Beach, VA 23452
National Exemption Service (NES) notified our office that your water bill payment is 30–60 days past due. Please make your payment to NES or it will be added to your next month’s rent.
You may pay by phone at 1-877-UTILPAY, online at www.submeter.com, or by mail to NES, P.O. Box 926, Safety Harbor, FL 34695.
We recommend autopay. Please disregard if already paid. This is sent as a friendly reminder. Thank you for your immediate attention.
Regards,
Management
Rose Hall Apartments
Case Information
RE: Management Response – Water Billing Notice
Response: Chrissy Waters, Leasing Manager
Tenant: Thomas Coates
Property: Rose Hall Apartments
Notice Date: July 2, 2025
| Tenant Complaint Point | Management Response | Deficiency / Failure to Address | Consequential Violation |
|---|---|---|---|
| Late payments cured within statutory window (§55.1-1245(A)) | Claimed water bill was a lease violation; referred to lease section 45 | Ignored statutory right to cure | 07022025 notice threatening eviction without proper cure (§55.1-1245(A)) |
| Misrepresentation / bad faith (§55.1-1242) | Stated “haven’t misused any language” | Did not address eviction threat or escalation | Threatening eviction despite full payment (§55.1-1242; §55.1-1245) |
| Submetered water fee limits (§55.1-1212(D)) | Claimed “do not use ratio billing” | Did not address statutory cap or misapplied fees | Imposition of non-statutory late fees (§55.1-1212(D); §55.1-1213) |
| Inconsistent notices | Claimed friendly reminders escalate | Did not resolve conflicting notices | Issuance of inconsistent/contradictory notices (§55.1-1245; §55.1-1247) |
| Misleading tenants / consumer protection (§59.1-200(A)(14)) | Claimed actions are lawful | Failed to recognize eviction threats as misleading | Defective notices causing undue stress (§55.1-1245; §55.1-1247; §55.1-1251) |
| Longstanding payment history | Attached but interpreted as habitual non-compliance | Ignored 14-year payment record | Misstatement of prior compliance (§55.1-1247; §55.1-1221) |
| Elderly community impact | Not addressed | No acknowledgment or mitigation of risk | Failure to consider community impact (§55.1-1204) |
| Auto-conversion to 30-day notice (§55.1-1245(A)) | Referenced prior notice of like nature clause | Did not correct misleading auto-escalation language | Improper conversion of partial payment into breach (§55.1-1245; §55.1-1247) |
Hi Thomas,
Thank you for taking the time to review our notice and respond. Please see our responses below.
Please note that not paying your water bill in a timely manner is a violation of your lease agreement as outlined in your lease section 45. Submetering Water & Wastewater. We sent you the notice in compliance with the VRLTA...
[Full notice text continues as in record.]
Respectfully,
Chrissy Waters
Leasing Manager
Rose Hall Apartments
Management’s response failed to address statutory rights, misrepresented payment history, and allowed misleading notices. These failures precipitated retaliatory actions directly traceable to the initial complaint, actionable under VRLTA §§55.1-1245, 1247, 1251, 1258.
Case Information
RE: Management Response – Water Billing Notice
Response: Rose Hall Apartments Management
Tenant: Thomas Coates
Property: Rose Hall Apartments
Notice Date: August 13, 2025
| Tenant Complaint Point | Management Response | Deficiency / Failure to Address | Consequential Violation |
|---|---|---|---|
| Late payments cured within statutory window (§55.1-1245(A)) | Notified NES payment is overdue; added to next month’s rent | Ignored statutory right to cure and prior payment history | 08132025 notice threatens improper ledger addition (§55.1-1245(A)) |
| Misrepresentation / bad faith (§55.1-1242) | Described notice as “friendly reminder” despite prior notices | Minimized escalation | Mischaracterizes prior compliance; threatens retaliation (§55.1-1242) |
| Submetered water fee limits (§55.1-1212(D)) | Directed payment to NES without addressing ratio billing | Did not clarify statutory cap | Potential improper fees (§55.1-1212(D); §55.1-1213) |
| Inconsistent notices | Referred to NES payment procedures without reconciling prior notices | Did not resolve contradictions | Creates inconsistent obligations (§55.1-1245; §55.1-1247) |
| Misleading tenants / consumer protection (§59.1-200(A)(14)) | Framed notice as friendly reminder; implied urgency | Failed to recognize cumulative stress | Deceptive notices causing undue stress (§55.1-1245; §55.1-1247) |
| Longstanding payment history | Did not account for 14-year positive payment record | Ignored history | Misrepresentation of tenant payment history (§55.1-1247; §55.1-1221) |
National Exemption Service (NES) notified our office that your water bill payment is 30-60 days past due...
[Full notice text continues as in record.]
Management, Rose Hall Apartments
Management’s response failed to address statutory rights, misrepresented payment history, and allowed misleading notices. These failures precipitated retaliatory actions directly traceable to the initial complaint, actionable under VRLTA §§55.1-1245, 1247, 1251, 1258.
Case Information
RE: 30-Day Notice to Vacate – 08292025#1 NOTICE
Response: Rose Hall Apartments Management
Tenant: Thomas Coates & Taylor Coates
Property: Rose Hall Apartments
Notice Date: August 29, 2025
| Tenant Complaint Point | Management Response | Deficiency / Failure to Address | Consequential Violation |
|---|---|---|---|
| Late payments cured within statutory window (§55.1-1245(A)) | Issued 30-day termination despite prior cured payment | Ignored statutory right to cure | Illegal lease termination (§55.1-1245(A); §55.1-1251) |
| Misrepresentation / bad faith (§55.1-1242) | Characterized notice as final vacate despite long-term compliance | Did not acknowledge tenant’s payment history | Bad faith and retaliatory eviction (§55.1-1242; §55.1-1245) |
| Submetered water fee limits (§55.1-1212(D)) | Referenced lease section 45 without addressing ratio billing | Did not verify charges | Improper charges added to rent (§55.1-1212(D); §55.1-1213) |
| Inconsistent notices | Escalated directly to 30-day vacate without reconciling prior friendly notices | Did not clarify prior differences | Conflicting notices causing stress (§55.1-1245; §55.1-1247) |
| Misleading tenants / consumer protection (§59.1-200(A)(14)) | Implied urgency and legal threat | Failed to recognize cumulative misleading effect | Defective notice causing undue stress |
| Longstanding payment history | Ignored 14-year payment record | Disregarded compliance history | Misrepresentation of record (§55.1-1247; §55.1-1221) |
Pursuant to the Virginia Landlord Tenant Act; Article: E 55.1-1245, let this serve as your notice that we are terminating your lease agreement with Rose Hall Apartments...
[Full notice text continues as in record.]
Rose Hall Management, Rose Hall Apartments
Management’s response escalated directly to a 30-day eviction notice, ignored statutory rights and prior cure periods, misrepresented tenant payment history, and created undue stress through conflicting notices. These actions are retaliatory and actionable under VRLTA §§55.1-1245, 1247, 1251, 1258.
RE: Past Due Water Bill Notice – 08292025#2
Response: Rose Hall Apartments Management
Tenant: Thomas Coates & Taylor Coates
Property: Rose Hall Apartments
Notice Date: August 29, 2025
| Tenant Complaint Point | Management Response | Deficiency / Failure to Address | Consequential Violation |
|---|---|---|---|
| Late payments cured within statutory window (§55.1-1245(A)) | Applied balance to rental account despite prior payment history | Ignored statutory right to cure and prior notice compliance | Improper ledger addition and late fee threat (§55.1-1245(A)) |
| Misrepresentation / bad faith (§55.1-1242) | Claimed unpaid balance despite prior 08/13 notice | Did not acknowledge prior notice and payment dispute | Potentially retaliatory and misleading notice (§55.1-1242) |
| Submetered water fee limits (§55.1-1212(D)) | Directed payment to Rose Hall Apartments; NES cannot accept | Did not clarify statutory cap or verify correctness of charges | Potential noncompliant billing and improper fee application (§55.1-1212(D); §55.1-1213) |
| Inconsistent notices | Escalated balance to rental account without reconciling 08/13 notice | Did not resolve discrepancies between prior notices and account postings | Confusing and inconsistent notices causing undue stress (§55.1-1245; §55.1-1247) |
| Misleading tenants / consumer protection (§59.1-200(A)(14)) | Implied legal threat for non-payment | Failed to recognize cumulative misleading effect of repeated notices | Defective notice causing undue stress and potential consumer protection violation |
| Longstanding payment history | Did not account for previous timely payments and dispute history | Ignored historical compliance evidence | Misrepresentation of tenant payment record (§55.1-1247; §55.1-1221) |
Rose Hall Apartments – 08292025#2 Past Due Notice
08/29/2025
Thomas Coates, Taylor Coates
3416 Warren Place #201
Virginia Beach, VA 23452
Dear Thomas Coates, Taylor Coates,
RE: PAST DUE WATER BILL CHARGES
On 08/13/2025 you received notice from this office that your water bill was delinquent and must be paid to NES. As of today that balance has not been paid.
Your entire water bill balance will be applied to your Rose Hall Apartments rental account on September 1, 2025. Your full water account balance of $147.37 is due no later than September 5th. This payment should be made to Rose Hall Apartments. National Exemption Service (NES) WILL NOT accept this payment or payment arrangements for this past due balance.
If this balance is not paid by September 5, 2025, your account will be subject to late and legal fees.
If you have any questions, please feel free to contact the leasing office.
I do hereby certify that I delivered a copy of this notice to the tenant at the address of the dwelling unit on 08/29/2025.
Sincerely,
Management
Rose Hall Apartments
www.rentwithrosehall.com
Management’s response escalated the 08/29/2025#2 notice to ledger addition and legal threats, ignored statutory rights and prior notice compliance, misrepresented tenant payment history, and created undue stress through conflicting and cumulative notices. These actions are retaliatory and actionable under VRLTA §§55.1-1245, 1247, 1251, 1258.
RE: Backdated 30-Day Notice to Vacate – 08292025#3
Response: Rose Hall Apartments Management
Tenant: Thomas Coates & Taylor Coates
Property: Rose Hall Apartments
Notice Date: August 29, 2025 (Actual Delivery: September 3, 2025)
| Tenant Complaint Point | Management Response | Deficiency / Failure to Address | Consequential Violation |
|---|---|---|---|
| Late payments cured within statutory window (§55.1-1245(A)) | Served 30-day notice referencing prior June 30, 2025 notice | Backdated notice to August 29 with actual delivery September 3, leaving only 27 days instead of 30 | Improper notice period; statutory rights to cure compromised (§55.1-1245(A)) |
| Misrepresentation / bad faith (§55.1-1242) | Attempted correction of address but kept other defects | Created appearance of compliance while still violating statutes | Potentially retaliatory and misleading notice (§55.1-1242) |
| Submetered water fee limits (§55.1-1212(D)) | Not addressed; notice escalates balance despite prior payments | No clarification of statutory cap or verification of charges | Improper fee application and potential noncompliance (§55.1-1212(D); §55.1-1213) |
| Inconsistent notices | Backdated notice and re-sent via hand delivery and email | Did not reconcile prior notices; confusing for tenant | Conflicting notices causing undue stress (§55.1-1245; §55.1-1247) |
| Misleading tenants / consumer protection (§59.1-200(A)(14)) | Threatened lease termination with shortened notice | Notice appears compliant but reduces statutory timeframe and misrepresents delivery date | Defective notice with potential consumer protection violation |
| Longstanding payment history | Ignored tenant's payment history and prior dispute | No acknowledgment of timely payments or dispute resolution | Misrepresentation of tenant payment record (§55.1-1247; §55.1-1221) |
Rose Hall Apartments – 08292025#3 30-Day Notice to Vacate (Backdated)
Thomas Coates & Taylor Coates
3416 Warren Pl., Apt 201
Virginia Beach, VA 23452
Dear Resident,
A 21-30 was sent to you on June 30, 2025, regarding a violation of Rose Hall's Lease Agreement regarding "Submetering Water and Wastewater". The report we pulled today shows you are over 30 days past due again.
Pursuant to the Virginia Landlord Tenant Act; Article: E 55.1-1245, let this serve as your notice that we are terminating your lease agreement with Rose Hall Apartments. Your rental agreement with Rose Hall Apartments will terminate on September 28, 2025. Your prorated rent for September 2025 will be $1,437.33. You are to vacate the premises located at 3416 Warren PL. Apt 201, Virginia Beach, VA 23452 on or before September 28, 2025.
We will proceed with court actions if the keys are not turned in by this date. Enclosed you will find a partially filled-out notice to vacate form, please fill out the highlighted areas and return it to the rental office with your keys. Please note that failure to return this form does not void the notice we are serving you to vacate. Failure to comply will result in legal proceedings against you, to declare a forfeiture of the lease under which you occupy said premises and to recover possession thereof, with rents owed and any charges allowable under law.
Respectfully,
Rose Hall Management
Cc: FILE
Re-sent with corrected address in second paragraph VIA hand delivery and Email on September 3, 2025.
Original copy sent VIA hand delivery on August 29, 2025.
Management’s backdated 08292025#3 notice attempted to correct an address while maintaining other defects, shortening the statutory notice period, and misrepresenting delivery. These actions ignored statutory rights, violated the VRLTA §§55.1-1245, 1247, 1251, misrepresented tenant payment history, and are retaliatory in nature.
RE: Acceptance of Rent With Reservation – 09102025
Response: Rose Hall Apartments Management
Tenant: Thomas Coates & Taylor Coates
Property: Rose Hall Apartments
Notice Date: September 10, 2025
| Tenant Complaint Point | Management Response | Deficiency / Failure to Address | Consequential Violation |
|---|---|---|---|
| Payment made within lease period | Accepted $1,540.00 on 09/05/2025 with reservation | Notice reserves all rights and continues eviction threat | Potentially coercive; rent accepted but notice to vacate remains active (§55.1-1245) |
| Tenant protection under VRLTA for notice to vacate | Reference to prior August 29, 2025 notice | Does not acknowledge statutory rights to contest eviction despite payment | Potential misrepresentation of tenant rights; could be viewed as retaliatory (§55.1-1245; §55.1-1247) |
| Clarity of account balance and application | Provides remaining credit of $102.67 | No guidance or error reconciliation for previous notice discrepancies | Could confuse tenants and lead to dispute escalation (§55.1-1213) |
| Timing of notice vs. payment receipt | Notice sent within 5 business days as required by law | Formal compliance, but context of prior retaliatory notices not addressed | Continues pattern of pressure despite prior payments and curing of violations |
| Retention of eviction rights | Explicitly states non-waiver of rights to proceed with eviction | May create perception of retaliation and undue pressure on tenant | Maintains ongoing threat while rent is accepted (§59.1-200(A)(14)) |
Rose Hall Apartments – 09102025 NOTICE: Acceptance of Rent With Reservation
Thomas Coates & Taylor Coates
3416 Warren Place #201
Virginia Beach, VA 23452
Dear Thomas Coates, Taylor Coates,
This letter is to inform you that Rose Hall Apartments has received your payment in the amount of $1,540.00 on September 5, 2025 for the rental period of September 1-28, 2025. As of today, September 10, 2025, a credit remains on your account in the amount of $102.67.
This notice serves as acceptance of the payment made with reservation of all rights under the notice to vacate which was previously served on August 29, 2025, for the residence located at 3416 Warren Place #201 Virginia Beach, VA 23452. Moving forward we will no longer accept any future rental payments.
Pursuant to the Virginia Residential Landlord Tenant Act, provided the landlord has given written notice to the tenant that the rent will be accepted with reservation, the landlord may accept full payment of all rent and receive an order of possession from a court of competent jurisdiction through an unlawful detainer if the tenant fails to vacate as required. This notice is being provided within five (5) business days of receipt of your payment, in accordance with the law.
In acceptance of this payment, we are not waiving any legal rights including the right to proceed with eviction or any other legal proceedings under your lease and Virginia law. Your payment does not constitute a nullification of the notice served or a waiver of your notice to vacate which was served on the date above. Failure to vacate the premises and return possession of the apartment by September 28, 2025, may result in legal action, including the filing of an unlawful detainer.
Respectfully,
Rose Hall Apartments Management
I do hereby certify that I delivered a copy of this notice to the tenant at the address of the dwelling unit and emailed a copy of the notice on 09/10/2025.
While the 09102025 notice formally complies with the timing requirement for acceptance of payment with reservation, it perpetuates prior defective and retaliatory practices. Rent was accepted yet the notice to vacate remains active, maintaining coercive pressure and continuing a pattern of potential statutory violations under VRLTA §§55.1-1245, 1247, 1251.